Trouble In Toyland: 23rd Annual Survey Of Toy Safety

Executive Summary

The recall of 45 million toys and other children’s products in 2007 and continued recalls in 2008 reminded Americans that no government agency tests toys before they are put on the shelves. Specifically, the wave of recalls focused attention on the fact that the agency charged with protecting Americans from unsafe products—the Consumer Product Safety Commission—is a little agency with a very big job to do. Congress responded by passing the first major overhaul of the CPSC since it was established during the Nixon Administration, when it passed the landmark Consumer Product Safety Improvement Act (CPSIA) in August 2008.1 In addition to expanding the agency’s budget, Congress gave the CPSC more tools to hold corporate wrongdoers accountable and speed recalls, moved toward banning toxic lead and phthalates except in trace amounts and greatly improved import surveillance.

While the new law strengthens the CPSC and contains tough new protections against toxic chemicals like lead and phthalates, these protections have not yet gone into effect. As parents and other toygivers venture into crowded malls this holiday season, they should remain vigilant about often hidden hazards posed by toys on store shelves.

The 2008 Trouble in Toyland report is the 23rd annual Public Interest Research Group (PIRG) survey of toy safety. This report provides safety guidelines for parents when purchasing toys for small children and provides examples of toys currently on store shelves that may pose potential safety hazards. We visited numerous toy stores and other retailers to find potentially dangerous toys and identify trends in toy safety. This year, we focused specifically on toys that contain lead and phthalates in our research.

In the next section, we identify our key findings.

A. Findings:

1. Deaths and Injuries

Choking on small parts, small balls and balloons remains a leading cause of toy-related deaths and injuries. Between 1990 and 2007, at least 190 children died after choking or asphyxiating on a toy or toy part; eight children died in 2007 alone. Since 1979, the CPSC has banned small parts in toys for children under three and 1994 legislation requires an explicit, prominent warning label on toys with small parts for children between the ages of three and six.

2. Toxic Chemicals in Toys

Some toys can pose hidden hazards, exposing children to dangerous and bio-accumulative chemicals linked to reproductive and developmental effects, lowered IQ, other serious health problems or even death.

We found:

LEAD IN TOYS

Some children’s toys and jewelry may contain high levels of lead. In one case, we found a piece of jewelry that contained 45% lead by weight. We also found toys that exceed the new law’s lead paint standards, which will ban lead in paint in excess of 90 parts per million once in effect in August 2009.

CPSC has recalled more than 150 million pieces of lead-laden children’s jewelry since 2004. In 2007, millions of plastic and wooden toys were also recalled for excessive levels of lead paint. Lead has no business in children’s products, whether on paint or coatings or in metal toys, jewelry or other children’s products (vinyl bibs, lunchboxes, etc). Under current CPSC regulations, lead paint is banned at levels greater than 600 parts per million (ppm). When lead is otherwise found in jewelry or toys or children’s products, however, it can only be determined to be a “banned hazardous substance” subject to recall if the lead is at high enough levels and is also found to be “accessible.” The Consumer Product Safety Improvement Act will eventually ban lead except at trace amounts whether in paint or coatings (90 ppm limit as of August 2009) or in any toys, jewelry or other products for use by children under 12 years old (100 ppm limit as of August 2011 after scheduled interim reductions beginning February 2009).

PHTHALATES

• This year, we found two toys with phthalate levels that far exceed limits allowed by the new federal law scheduled to take effect in February 2009.

The CPSIA contains a provision that bans toys containing three classes of phthalates for all children, and bans toys containing three more phthalates if they can be put in younger children’s mouths. This provision will go into effect in February 2009. CPSC should vigorously enforce the CPSIA’s ban on phthalates in toys and other products intended for children and work with the Federal Trade Commission to ensure that toys labeled “phthalate-free” do not contain phthalates.

While the phthalate provisions of the CPSIA are not yet in effect, consumers can take a few simple actions to limit their child’s exposure to these and other toxic chemicals. At the store, they should select toys made of materials that are less likely to contain toxic chemicals.

B. Recommendations:

1. For Consumers Be vigilant this holiday season, and remember:

• The CPSC does not test all toys, and not all toys on store shelves meet CPSC standards.
• There is no comprehensive list of potentially hazardous toys. Examine toys carefully for potential dangers before you make a purchase. Shop with U.S. PIRG’s Tips for Toy Safety available at toysafety.net (also summarized in this report).
• Report unsafe toys or toy-related injuries to the CPSC. Call 800-638-2772 or visit www.cpsc.gov.

2. For Policy Makers

The state and federal government must ensure the safety of all products on the market for children. Congress must ensure that the CPSC’s increased budget authorizations for the next five fiscal years are fully funded in appropriations, and conduct vigorous oversight of implementation of the new law.

• REFORM CHEMICALS POLICY.

Currently, manufacturers can put chemicals on the market without proving they are safe. Manufacturers should be required to provide all hazard and health-impact information to the state and federal government so agencies can begin to assess the thousands of chemicals currently on the market for which little or inadequate data are available. Next, manufacturers of chemicals should be required to conduct an alternatives analysis, to determine if they really are using the least hazardous chemical for each application.

• PHASE OUT DANGEROUS CHEMICALS.

The federal government must act based on the overwhelming weight of evidence showing that some chemicals might harm human health. Manufacturers should be required to remove chemicals that may pose a particular threat to fetuses, infants, and children, particularly when the chemical is not necessary for the product to function according to design.

• INFORM CONSUMERS ABOUT THE PRESENCE OF DANGEROUS CHEMICALS.

The state and federal government must inform consumers about the presence of dangerous chemicals in products. Manufacturers should be required to label products with the names of these chemicals in order to allow parents to choose less toxic products.

3. For CPSC

CPSC should vigorously enforce the CPSIA ban on phthalates in all toys and products for children twelve years old and under, and in toys for younger children that can be put in a child's mouth.

CPSC must move swiftly to implement all rules required under the new law and must ensure that new third-party testing programs meet the new law’s standards. CPSC must also move quickly to implement the new law’s publicly-accessible hazards database requirement.